The lawyer Xie Yang has been illegally detained by the authorities for over three years and seven months after his second unlawful arrest. Despite the Changsha Intermediate People’s Court issuing 18 sets of case files, the defense lawyers have been limited in their access by citing full confidentiality and restrictions on making copies, obstructing the review of the case materials.
Previously, defense lawyer Li Guisheng had submitted a letter to the Changsha Intermediate Court requesting to review and copy the case files for thorough trial preparation. However, the “review notice” delivered by the court on the morning of August 27 only stated “review.” Li Guisheng promptly suggested amendments, pointing out that restricting to review only goes against the Lawyer’s Law and Criminal Procedure Law. Without the ability to copy, adequate trial preparation would be impossible.
Li Guisheng emphasized that the ability to review, excerpt, and copy should be at the discretion of the defense lawyers based on the case’s complexity. Especially for intricate cases with denial of charges, each piece of evidence must be meticulously scrutinized through multiple cross-references with suspects, defendants, witnesses, and victims, which is a crucial responsibility of defense lawyers.
Xie Yang’s ex-wife, Chen Guiqiu, stated to Dajiyuan that both the Lawyer’s Law and Criminal Procedure Law clearly stipulate that lawyers not only have the right to review case files but also to excerpt, copy, and burn CDs. As there are 18 sets of case files at the Changsha Intermediate Court, lawyers need to reproduce them for examination and verification, requiring a substantial amount of time to study the case files. However, by only allowing review, the court is essentially providing a mere facade, notifying Li Guisheng to come for a review but substantially hindering the process.
A friend of Xie Yang, Chen Wen (pseudonym), remarked that the so-called secrecy is nothing but fabricated materials by the authorities. The prolonged delay in court proceedings indicates that Xie Yang has not cooperated with their script and has not confessed to the alleged crimes.
Chen Wen expressed, “Casual meetings with friends, travels, and encountered people are all considered criminal evidence by the authorities that must be documented in the case files.”
Previously, another defense lawyer, Li Guobei, also faced similar restrictions during his review process.
Chen Guiqiu pointed out that by using “complete confidentiality” as an excuse to restrict lawyers from reviewing case files, the Changsha Intermediate Court is essentially depriving defense lawyers of their lawful rights. Without access to case files, lawyers are unaware of the specifics of the charges and are unable to present arguments in court. She criticized this as absurd.
On the morning of July 30 this year, the Changsha Intermediate Court conducted a closed-door trial without allowing Li Guobei to review the case files and amidst various procedural violations, leading Li Guobei to protest and exit the court. That afternoon, Xie Yang protested the court’s refusal to first verify the evidence in the trial by dismissing Li Guobei from the defense.
Currently, Xie Yang continues to retain Li Guobei as his defense lawyer. On August 11, Li Guobei sent the necessary paperwork to Judge Yu Dan of the Changsha Intermediate Court. On the afternoon of the 15th, the court called Li Guobei to inform that they disapproved of his continued involvement in the defense.